Practice Expertise

  • Biomass
  • Climate Change Law and Policy
  • Congressional Investigations
  • Climate Change

Areas of Practice

  • Biomass
  • Climate Change
  • Climate Change Law and Policy
  • Congressional Investigations
  • Consumer Products
  • Energy
  • Energy Regulation
  • Energy Sector Security Team
  • Environmental, Social and Governance (ESG)
  • FERC, NERC and State Energy Regulation
  • Global Privacy and Cybersecurity
  • Government Relations
  • Hydrogen
  • International Renewable Energy and Clean ...
  • National Security
  • Privacy and Cybersecurity
  • Privacy and Data Security
  • Regulated Markets and Energy Infrastructure
  • Renewable Energy and Clean Power
  • Sustainability and ESG
  • View More

Profile

Fred advocates for clients before Congress and federal agencies, devising and executing strategies that advance their interests with regard to legislation, rulemakings and permitting. Success in the federal arena depends on trust, which Fred has built by delivering solutions that blend a keen understanding of a client’s business, the law in question and the policy considerations that underpin it.

Clients trust Fred for his insightful and practical know-how acquired from years spent as Counsel to the US House of Representatives Energy and Commerce Committee. That experience significantly informs his advocacy in the energy and environmental arena, where he works on electricity and energy policy; carbon capture, utilization, and storage (CCUS); electric transmission; climate change; environmental risk management; data and privacy; cybersecurity; critical infrastructure and infrastructure permitting; biomass; and waste issues.

Fred maintains a diverse practice, assisting clients in a myriad of data, privacy, technology, and security issues. He has worked extensively on privacy and data breach notice and security legislation, and a variety of related bills affecting the use and management of personal information. Fred also has drafted legislation and regulations relating to protection of critical infrastructure. Clients in the financial services arena have called on Fred for his strategic approach toward addressing complex matters involving banking, insurance, money management, real estate, and electronic payments.

Regarding CCUS, Fred has spearheaded the formation of industry groups focused on the expansion of CCUS and chairs the CCUS Consortium’s Legal and Regulatory Committee. He is involved with several CCUS projects, has authored federal CCUS risk management and regulatory legislation, and drafted legislation for several states.

As a respected professional in his field, Fred writes and speaks regularly on issues related to his practice. He is also editor of and a frequent contributor to the firm’s Nickel Report blog.

Relevant Experience

  • Led a multi-industry coalition to promote the development and financing of carbon capture and storage projects.
  • Authored federal CCUS risk management and regulatory legislation, and drafted legislation for several states.
  • Represents energy companies before Congress and federal agencies on key issues, primarily in energy policy and environmental issues.
  • Represents leading information services companies on federal legislation on privacy, breach notice, information security, and related information policy issues.
  • Led a utility industry coalition effort to gain federal provisions promoting transmission infrastructure expansion, needed to support electric reliability and competitive markets, and advises clients on federal role in electric transmission siting and in obtaining federal environmental reviews and approvals for transmission projects.
  • Directed preparation of a national energy strategy on behalf of a prominent business group.
  • Guided clients through high-profile congressional investigations, including investigations of the 2003 power outage affecting customers in the Northeast, Midwest and Canada; a boardroom surveillance controversy; and a nuclear safety investigation.
  • Navigated clients through NEPA and other federal and state environmental compliance requirements for construction of a major linear infrastructure project through a National Wildlife Refuge.
  • Brought about congressional review of barriers to competition in the real estate industry and their effects on consumers, where residential market fees exceed $60 billion annually.
  • Directed an effort resulting in enactment of federal legislation to reduce filing burdens and encourage investment in affordable housing.
  • Assisted an electric utility in obtaining a Department of Energy 202(c) emergency declaration and timely approvals for new infrastructure to preserve reliable electric power supply for Washington DC; advised other energy industry clients on 202(c) emergency declarations and related policy.
  • Negotiated statutory provisions resolving a key Superfund liability conflict for Fox River cleanup, where damages were expected to exceed $200 million.
  • Served as House of Representatives Committee Counsel on Superfund reform, brownfields, and interstate waste and flow control issues and energy and water efficiency.
  • Directed successful a pro bono effort to award the Congressional Gold Medal to the World War II unit known as Merrill’s Marauders.
  • Led House of Representatives negotiations to enact rechargeable battery recycling law.

Bar Admissions

  • District of Columbia

Education
BA, Allegheny College, Alden Scholar; Academic All American, 1986

Areas of Practice

  • Biomass
  • Climate Change
  • Climate Change Law and Policy
  • Congressional Investigations
  • Consumer Products
  • Energy
  • Energy Regulation
  • Energy Sector Security Team
  • Environmental, Social and Governance (ESG)
  • FERC, NERC and State Energy Regulation
  • Global Privacy and Cybersecurity
  • Government Relations
  • Hydrogen
  • International Renewable Energy and Clean Power
  • National Security
  • Privacy and Cybersecurity
  • Privacy and Data Security
  • Regulated Markets and Energy Infrastructure
  • Renewable Energy and Clean Power
  • Sustainability and ESG

Professional Career

Significant Accomplishments
  • Leads the CCS Alliance, a multi-industry coalition to promote an appropriate risk management and regulatory structure to encourage development and financing of carbon capture and storage projects. Has prepared federal CCS risk management and regulatory legislation, as well as legislation for several states.
  • Formed and leads the Coalition for Biomass Generation, a group of power sector companies interested in utilizing biomass for sustainable, carbon neutral electricity generation in the United States.
  • Represents electric utilities before Congress and federal agencies on key issues, primarily in energy and environmental areas.
  • Represents a leading information services company on federal legislation on privacy, information security, and related information policy issues.
  • Led utility industry coalition effort to gain federal provisions promoting transmission infrastructure expansion, needed to support electric reliability and competitive markets, and advises clients on federal role in electric transmission siting and in obtaining federal environmental reviews and approvals for transmission projects.
  • Directed preparation of influential national energy strategy policy proposals for a prominent business group.
  • Guided clients through high-profile congressional investigations, including investigations of the 2003 power outage affecting customers in the Northeast, Midwest and Canada; a boardroom surveillance matter; and a nuclear safety investigation.
  • Navigated clients through NEPA and other federal and state environmental compliance requirements for construction of a major linear infrastructure project through a National Wildlife Refuge.
  • Brought about congressional review of barriers to competition in the real estate industry and their effects on consumers, where residential market fees exceed $60 billion annually.
  • Directed effort resulting in enactment of federal legislation to reduce filing burdens and encourage investment in affordable housing.
  • Assisted electric utility in obtaining emergency declaration and timely approvals for new infrastructure to preserve reliable electric power supply for Washington, D.C.
  • Negotiated statutory provisions resolving a key Superfund liability conflict for Fox River cleanup, where damages are expected to exceed $200 million.
  • House of Representatives Committee Counsel on Superfund reform, brownfields, and interstate waste and flow control issues and energy and water efficiency; principal House of Representatives Counsel for rechargeable battery recycling law.


Professional Associations
  • Commissioner, Interstate Commission on the Potomac River Basin, 2003 - 2009


Articles

Additional Articles
  • Carbon Capture: A Piece of the Climate Puzzle, ABA Natural Resources & Environment Journal
  • Online Feature: CCUS: Dispelling myths about risk, Hydrocarbon Processing
  • The nuts and bolts of carbon recapture, The National Law Journal
  • Leveling The Playing Field, Policy Parity for Carbon Capture and Storage Technologies, National Coal Council
  • The Indispensability of Coal, Electricity Today
  • The Layered Approach to Liability for Geologic Sequestration of CO2, Environmental Law and Policy Annual Review
  • Cybersecurity Standards for Owners of Critical Infrastructure, The National Law Journal
  • Calif. Order Shows Power Act’s Enviro Liability Shield At Work, Law360
  • Commentary: EPA Must Approve Primacy for Texas CCS Wells, Hart Energy
  • Capturing and Storing Carbon: Risks and Liabilities, Executive Counsel
  • Carbon Capture and Sequestration in the United States, Hunton & Williams White Paper
  • Addressing Long-Term Stewardship of Carbon Dioxide, National Law Journal
  • Legal and Regulatory Dimensions of Carbon Capture and Storage, in The Urgency of Sustainable Coal, National Coal Council
  • CCS Project Developers Downplay Effects Of FutureGen's Likely Demise, InsideEPA/Climate
  • ESG Hot Topics
  • Section 45Q Tax Credit Increase may Spur Carbon Capture, Law360

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